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Climate 411

Sad but true: since he became acting head of the U.S. Environmental Protection Agency (EPA), Andrew Wheeler has ramped up Scott Pruitt’s relentless attack on public health and environmental safeguards.

Wheeler is leading efforts to severely weaken or altogether eliminate meaningful limits on the largest sources of climate pollution – including cars, power plants, and oil and gas production. He is undermining policies that protect against toxic and smog-forming air pollution. He is systematically weakening the new bipartisan law that protects Americans from toxic chemicals.

These rollbacks risk thousands of additional early deaths and hundreds of thousands of additional asthma attacks every year.

After Scott Pruitt’s disastrous tenure, EPA needs a leader who will return to the agency’s life-saving and essential mission of protecting communities from harmful pollution. Yet President Trump has said he will nominate Andrew Wheeler to officially serve as EPA Administrator.

Wheeler’s existing record as Acting Administrator shows he is hostile to EPA’s mission and would double down on attacking core safeguards. He is unfit to lead EPA.

Here are a dozen safeguards Wheeler has attacked in his six months as acting head of EPA. This isn’t an exhaustive list — unfortunately there are other vital protections Wheeler has attacked, further imperiling clean water, clean air, and healthy communities across America. Read More »

The Environmental Protection Agency (EPA) is refusing to move forward with the implementation of health-based standards that protect Americans from dangerous ground-level ozone pollution — more commonly known as smog.

That’s why Environmental Defense Fund, along with a broad coalition of public health and environmental groups, sent a letter to EPA Administrator Scott Pruitt informing him that we will take legal action if he does not carry out his mandatory duty to begin implementing our nation’s 2015 health-based smog standard.

Smog is a caustic pollutant that irritates the lungs, exacerbates lung conditions like asthma, and is linked to a wide-array of serious heart and lung diseases.

It is particularly harmful for children, seniors, people with lung impairments like asthma, and anyone active outdoors.

Under the Clean Air Act, October 1, 2017 was the deadline for identifying the communities that meet our nation’s health-based smog standard, and for identifying those that are violating the standard. Administrator Pruitt missed this mandatory deadline to begin implementing the smog safeguards.

The Clean Air Act’s statutory deadlines are not merely suggestions – they are of critical importance to achieving better air quality. When EPA shirks mandatory deadlines, the Clean Air Act’s mechanisms to improve air quality fail to engage and American families suffer the harmful effects of breathing polluted air for longer.

Administrator Pruitt unlawfully attempted to extend this same deadline, by one year, earlier this summer. However, he was forced to withdraw this extension and reinstate the October 1, 2017 deadline in response to legal challenges filed by EDF and our public health partners, and by a coalition of 16 state Attorneys General.

Now Pruitt has failed to meet the deadline – adding to his concerning pattern of delay, and undermining these important public health safeguards.

Here’s more on the consequences of ignoring our national health-based smog standards:

By delaying implementation of the standards, EPA is allowing vulnerable communities to suffer the consequences of polluted air while Administrator Pruitt stalls.

For instance, delaying the standards will mean that residents of the Uintah Basin in Northeastern Utah will potentially be faced with more and longer exposure to pollution levels that at times can rival smoggy Los Angeles.

This is truly unacceptable when there are clear solutions for reducing smog and protecting public health, such as reducing the pollution emitted from the thousands of oil and gas wells that dot the basin – common sense solutions that would be helped along if the 2015 health-based smog standard was properly and timely implemented.

Administrator Pruitt’s failure to identify which communities have air quality that violates the health standard obscures Americans’ basic right to know whether the very air we breathe meets the level that EPA has determined to be healthy.

The health-based national air quality standard for deadly air pollutants like smog form the foundation of the Clean Air Act — a bedrock public health statute that has provided for extraordinary, bipartisan progress in protecting Americans’ health and the environment for more than 40 years.

These consensus-backed health standards save lives and protect American families. By EPA’s own estimate, compliance with the 2015 smog standard will save hundreds of lives, prevent 230,000 asthma attacks in children, and prevent 160,000 missed school days for children each year.

Failure to carry out his responsibilities under our nation’s clean air laws also demonstrates Administrator Pruitt’s disregard for the recommendations of EPA’s own public health experts and scientists.

The 2015 health-based standard for smog was developed through a rigorous and extensive rulemaking process over the course of several years, and the science on smog’s health impacts is well-established.

EPA finalized a revised, strengthened standard of 70 parts per billion after engaging in a transparent, public process and relying on well-established scientific information and the recommendations of an independent committee of scientific advisors.

Administrator Pruitt has a legal duty to carry out the health standard to ensure healthier, longer lives for millions of Americans afflicted by dangerous smog pollution. That’s why EDF joined so many others in telling him we’ll go to court if he doesn’t.

Those joining us on the notice of intent to sue are the American Lung Association, American Public Health Association, American Thoracic Society, Appalachian Mountain Club, Earthjustice, Environmental Law & Policy Center, National Parks Conservation Association, Natural Resources Defense Council, Sierra Club and West Harlem Environmental Action.

The Attorneys General of New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Washington D.C. sent a similar letter.

We urges Administrator Pruitt to “expeditiously” carry out his responsibility under our nation’s clean air law to protect the health of our families and communities. There is no time to waste.

In Scott Pruitt’s six-month tenure as President Trump’s EPA Administrator, his administration has firmly established a reputation for secrecy and for glossing over conflicts of interest.

This pattern of making decisions behind closed doors and stocking EPA with industry representatives is problematic for many reasons, but most importantly because so many of those decisions are putting our health at risk.

[I]t appears that what is happening now is taking a meat ax to the protections of public health and environment and then hiding it.

Pruitt’s troubling pattern of behavior has even caught the interest of the EPA’s Inspector General, who recently opened an investigation into Pruitt’s repeated travel to Oklahoma at taxpayers’ expense. And one of Pruitt’s handpicked appointees, Albert Kelly, was just penalized by a federal banking agency for “unsound practices” in his previous position as a bank CEO.

Weakening safeguards across the board

As we’ve documented, Pruitt has a troubling record of attacking public safeguards without providing any opportunity for public input – including protections against toxic wastewater, oil and gas pollution, climate pollution, and safety risks at major chemical facilities.

Pruitt took aim at limits on smog that would prevent 230,000 childhood asthma attacks every year. He tried to unilaterally delay these standards without any public input on his decision, until eventually he backed down in the face of legal and public backlash.

Pruitt also suspended enforcement of existing standards for pollution from oil and gas facilities without any public input. Pruitt’s announcement did not even mention the harmful health impacts from halting implementation of pollution controls for 18,000 wells across the country. Earlier this month a federal appeals court overwhelmingly rejected Pruitt’s move as illegal after a panel decision that deemed Pruitt’s actions “unlawful,” “arbitrary,” and “capricious.”

Undermining enforcement that holds polluters accountable

A recent analysis of EPA’s enforcement program showed that penalties against polluters have dropped by a remarkable 60 percent since the Inauguration. Not holding companies responsible for their pollution has tangible impacts in the form of more pollution, more illness, and more avoidable, early deaths.

The Trump Administration’s proposed budget calls for a 40 percent cut to EPA’s enforcement office, which would further hamper EPA’s ability to hold polluters accountable. Meanwhile, EPA overall would face a 30 percent cut, which also puts public health at risk.

Pruitt sometimes tries to mask his focus on rolling back important EPA initiatives. For example, he claims to be concentrating on cleaning up contaminated land through EPA’s Superfund program, yet the Trump Administration’s budget proposal would cut Superfund by more than 30 percent.

Pervasive conflicts of interest

In Pruitt’s former role as Oklahoma Attorney General, he was exposed for cutting and pasting industry requests and sending them to EPA on his official stationary. He shamelessly responded by calling his conduct “representative government in my view.”

At EPA, Pruitt and his most senior advisors are now driving vital decisions about public health notwithstanding clear, severe conflicts of interest.

As just one example, Dr. Nancy Beck, the senior political appointee in EPA’s toxic chemicals office, recently left her prior position at the chemicals industry’s main trade association. In her current role at EPA, she has a key role in implementing the new reforms to the Toxic Substances Control Act passed last year. In this capacity, Dr. Beck is making decisions that directly affect the financial interests of companies she represented in her previous position on issues on which she advocated for the chemical industry as recently as earlier this year. The unsurprising result? Important protections are being weakened or reversed.

Pruitt’s lax approach to ethics may also extend to his travel schedule. Pruitt’s travel records show that he traveled repeatedly to Oklahoma at taxpayer expense, straining EPA’s limited resources. (Some sources have speculated that Pruitt’s extensive travel may be a run up to a future Pruitt campaign for political office in Oklahoma.) As we mentioned at the beginning of this post, EPA’s Inspector General has now opened an investigation into the matter

Pruitt’s appointment of Albert Kelly is another example of how he seems to tolerate behavior that other administrations would find unacceptable. Pruitt appointed the former banking CEO to lead a task force on Superfund cleanup sites. As we mentioned earlier, just this week Kelly was sanctioned by the FDIC, which issued a lifetime bar against his participation in any future banking-related activities and noted violations that involved Kelly’s “willful or continuing disregard for the safety or soundness of the bank” where he was CEO. Nonetheless, Pruitt continues to entrust Kelly with the responsibility for leading efforts to reform management of the billion-dollar hazardous waste clean-up program.

Pruitt’s pattern of secrecy

This summer Pruitt won the Golden Padlock Award, given by investigative reporters and editors to recognize the most secretive U.S. agency or individual.

Robert Cribb, chair of the Golden Padlock committee, noted:

Judges were impressed with the breadth and scope of Pruitt’s information suppression techniques around vital matters of public interest.

Pruitt has overseen the elimination of important climate science resources that EPA previously made publicly available on its website. EDF recently received more than 1,900 items from EPA in response to a Freedom of Information Act request for climate-related information and data deleted from, or modified on, EPA websites.

Even the basics of how Pruitt spends his business hours, and with whom he spends them, are hidden from the public. Contravening a bi-partisan EPA transparency practice, Pruitt no longer makes senior management calendars — including his own — available to the public. The website comparison below highlights this sudden change:

The start of Scott Pruitt’s term as EPA Administrator has been marked by continuous attacks on our public health safeguards and government transparency. Perhaps it’s not a surprise that Pruitt is keeping Americans in the dark about his actions, because the more we learn, the more we see reasons to be outraged. The American public deserves better from the senior leader in charge of protecting our health and welfare from dangerous pollution.

The Clean Air Act has a long, well-documented history of reducing pollution, and thus improving – and often even saving – lives in America.

This bedrock law represents one of the greatest environmental and health success stories in the world. Gross Domestic Product in the U.S. has grown 246 percent over the life of the Clean Air Act while at the same time pollutants have been reduced 71 percent.

The Clean Air Act has led to enormous innovation in technology

The Clean Air Act has helped launch innovation in technologies that reduce pollution –technologies which in many cases can be exported around the world.

We know from previous experience with standards we adopted to reduce sulfur dioxide emissions from power plants in 1971 and 1979 that pollution standards can reduce emissions substantially, and that the more the technology is deployed to meet the standards the more costs go down. The Clean Air Act helped create a market demand for various pollution control technologies by creating standards for pollutants, including for sulfur dioxide. (Read more from technology experts who filed a legal brief in support of carbon standards for power plants)

Source: The Effect of Government Actions on Technological Innovation for SO2 Control. The EPA/DOE/EPRI Mega Symposium, August 20-23, 2001.

America’s homegrown environmental protection industry

The U.S. is the single largest producer of environmental technologies in the world, capturing 29 percent of the world’s $1.05 trillion market.

In 2015, there were an estimated 1.73 million jobs in the U.S. environmental industry, with projected growth of 3 to 4 percent over the next several years.

According to the U.S. government, 99 percent of the businesses in this industry were small to medium-sized. U.S. environmental companies exported about $48 billion in goods in 2013. At the same time, 2005 data from U.S. manufacturers indicate that their expenses for reducing pollution account for less than one percent of the value of the goods they ship.

Environmental protection standards can drive jobs in a myriad of sectors including manufacturing, engineering, construction, operations, and more.

Some examples of jobs and industries created by specific EPA clean air protections include:

Compliance with the Mercury and Air Toxics Standards was expected to create a net 84,500 jobs in the utility sector and as a result of pollution abatement and control investments.

Clean air saves lives and improves productivity

Cleaner air saves lives and protects the health of American families.

According to a landmark analysis, in 2010 alone the Clean Air Act prevented 160,000 deaths.

It also prevented 13 million lost workdays and 3.2 million lost school days because of illnesses and diseases caused or exacerbated by air pollution. The value of avoiding those lost work and school days in 2010 was approximately $2 billion.

That same landmark analysis estimates that the central benefits of the Clean Air Act outweigh costs by more than 30 to one.

Twenty-six. That is how many smog-related air quality alerts were forecast across our country for one single day earlier this week.

From Pennsylvania to Rhode Island, “action days” were called urging “sensitive groups” (including children, people who are active outdoors, older Americans, and people with heart or lung disease) to reduce their time spent outdoors.

Smog is a dangerous air pollutant linked to premature deaths, asthma attacks, lower birth weight in infants, and serious heart and lung diseases.

Smog forms when industrial emissions from power plants, factories, cars, and other sources react with heat and sunlight in the atmosphere.

There have already been many alerts across the U.S. this year for smog pollution, and “smog season” has just begun. That shows we have more work to do to clean the air and protect our families and communities.

That is why it is disturbing to hear that EPA Administrator Scott Pruitt has decided to delay implementation of the updated smog standards by one year.

According to the American Lung Association’s 2017 State of the Air Report [PDF], more than one-third of all Americans live in areas with unhealthful levels of smog. More than 116 million people live in counties that received a grade of “F” for smog levels.

A one-year delay in the implementation of anticipated pollution from the smog standards would mean:

660 more deaths

230,000 asthma attacks among children

180,000 missed work or school days

These are real lives being affected by Administrator Pruitt’s irresponsible actions.

The smog standards are driven by medical science. Here are some of the medical and health associations that supported strengthening the ozone standards:

The American Thoracic Society

American Academy of Pediatrics

American Medical Association

American Heart Association

American Lung Association

American Public Health Association

Children’s Environmental Health Network

National Association of County and City Health Officials

Trust for America’s Health

Health Care Without Harm

Asthma and Allergy Foundation of America

American College of Chest Physicians

American College of Preventive Medicine

American College of Occupational and Environmental Medicine

American Association of Cardiovascular and Pulmonary Rehabilitation

National Association for the Medical Direction of Respiratory Care

Society of Physicians for Social Responsibility

EPA’s mission is to protect public health and the environment. Administrator Pruitt’s decision to delay the smog standards runs counter to that bi-partisan, four-and-a-half decade mission. It also runs counter to the recommendations of leading medical and public health associations.

The successful history of implementing the Clean Air Act shows that states have the flexibility to design tailored solutions to address smog pollution, and that dramatic pollution reductions go hand-in-hand with a strong economy.

We need to reduce the amount of smog in our air – and to achieve that goal, we need EPA to lead.

Our friends at Moms Clean Air Force dropping off their smog comments at EPA

The comment period has now closed for the Environmental Protection Agency’s (EPA) proposal to strengthen our national health-based smog standards, and we know one thing already:

Support for cleaning up our air has been tremendous and far-reaching.

More than half a million people from across our nation sent comments urging EPA to strengthen America’s health-based smog protections. And we’re so grateful to our dedicated members and activists for helping EDF collect more than 130,000 of those comments.

Smog contributes to a variety of health problems, including increased risk for asthma attacks, long-term lung damage, other heart and lung diseases, and even premature death. The most susceptible groups are young children and elderly adults.

But it isn’t just EDF – and it isn’t only environmental organizations — calling for cleaner air.

Leading medical associations, states, moms, and environmental justice organizations have highlighted the challenges their constituencies face from this pollution — and have voiced their support for tighter smog protections.

According to the New York Department of Health and Mental Hygiene, in 2012, children aged 0 to 4 in the Harlem [sic] visited the emergency room 280 times because of asthma. There is no doubt that children in Northern Manhattan are suffering disproportionately from asthma, which is exacerbated by the formation of Ozone and other social stressors.

Simply put, children are different. They breathe faster. They spend more time outdoors, playing and being physically active. These combined differences mean that, at a given concentration of air pollution, children will be exposed to a higher dose. But their lungs are not fully developed until about 18 years of age. Children are thus at greatest risk from air pollution, because their increased physical activity, plus greater time spent outdoors, means that they are exposed to a higher dose of air pollutants.

In a 2014 joint letter to the White House Office of Management and Budget, Attorneys General from New York, Maryland, New Hampshire, New Mexico and Rhode Island all expressed support for strengthening our nation’s smog standards, stating that smog pollution has been a persistent problem for their states:

The States [listed above] have been battling ozone pollution (smog) for decades… Although we have made strides to reduce smog levels that harm public health in areas such as New York City and that harm our natural resources in areas such as the Adirondacks, smog remains a persistent threat. Much of this pollution is generated in upwind states and carried by prevailing winds into our States.

EPA must protect the health of children, people with asthma and other lung diseases, older Americans and other sensitive and vulnerable populations.

The American Lung Association and the March of Dimes wrote an op-ed for CNN that discussed the serious health issues at stake and voiced support for strengthened smog standards:

Over the past several years, a number of studies have indicated a likely link between higher levels of maternal ozone exposure and poor health outcomes in infants, including changes in lung structure and function, low birth weight and neuro-behavioral abnormalities. Many of these health effects can be expected to have lifelong consequences… ​Strengthening the ozone standard to reflect the best current science will help save lives and protect our families, including pregnant women and their babies.

This broad support for stronger smog standards shows how much is at stake for all of us.

Our nation has proven time and again that, by working together, we can achieve pollution reductions in a cost-effective manner. Strengthening these life-saving standards now will help us continue, and build on, progress made in the past that has provided healthier and longer lives for millions of Americans.